BARNES, Circuit Judge:
This is an appeal by the United States, plaintiff in the court below, from an order and judgment of dismissal with prejudice of an action brought to recover civil penalties pursuant to the Federal Aviation Act, 49 U.S.C. § 1471. The district court had jurisdiction under 49 U.S.C. 1487 and 28 U.S.C. § 1345. Our jurisdiction arises under 28 U.S.C. § 1291.
The complaint upon which the action was based alleged that the defendant...
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